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Service by Hand
- Acknowledgment of Service
Prepare an Acknowledgment of Service (Divorce) form. We recommend using the automated version at familycourtforms.com.au.
- Affidavit of Service by Hand (Divorce)
Prepare an Affidavit of Service by Hand (Divorce) form. You can find a PDF version of the Affidavit of Service by Post (Divorce) here.
- Choose someone to serve the documents
YOU CANNOT SERVE THE DOCUMENTS ON YOUR SPOUSE YOURSELF. You must arrange for a person over the age of 18 to serve the documents. This person can be a family member, friend or professional process server.
- Give documents to the server
You need to give the following documents to the server:
- a sealed copy of the Application for Divorce and any other documents you have filed with the Court, except the copy of your marriage certificate
- the Marriage, Families and Separation brochure
- the Acknowledgment of Service (Divorce) form.
- Serving the documents
The server hands the documents to your spouse. The server must indentify your spouse so the Court knows that the documents have been given to the right person. If the server is a family member or friend who knows your spouse, this is enough proof of identity.
If the server does not know your spouse, then they must identify him or her. The server can identify your spouse by:
- a photogragh
- asking questions; for example, "What is your full name?" or "Are you the husband/wife of [state name of applicant]?", or
- having another person present at the time of service who knows your spouse.
- The server asks your spouse to sign the Acknowledgment of Service (Divorce)
If your spouse accepts the documents, the server must ask him or her to sign the Acknowledgment of Service (Divorce). If your spouse refuses to accept the documents, the server must put them down in the presence of your spouse and state what they are. For example, "Your spouse is applying for a divorce and I am serving you with the divorce application. The divorce application is listed for hearing on [state date] at [state court location]".
- Server signs the Affidavit of Service by Hand (Divorce)
The server must include any information or attach any documents to the Affidavit of Service by Hand (Divorce)which helped him or her identify your spouse. If the server identified your spouse with a photograph, you should also prepare a further brief affidavit stating that the person in the photograph is your spouse. The server must then swear/affirm the Affidavit of Service by Hand (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace.
If your spouse signed the Acknowledgment of Service (Divorce), it must be attached to the Affidavit of Service by Hand (Divorce). The witness is also required to complete the annexure note at the bottom of the Acknowledgment of Service (Divorce).
- Sign the Affidavit Proving Signature (Divorce)
If your spouse signed the Acknowledgment of Service (Divorce) and you recognise their signature, you should complete the Affidavit Proving Signature (Divorce). You can find a PDF version of the Affidavit Proving Signature (Divorce) here.
You will need to swear/affirm the Affidavit Proving Signature (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace. Attach a copy of the signed Acknowledgment of Service (Divorce) to the Affidavit Proving Signature (Divorce).
- Make a copy of the service forms
You will need to make a copy of the completed service forms before filing them at a family law registry.
- File service forms at court
You need to file the original and a copy of the:
- Affidavit of Service by Hand (Divorce)
- Acknowledgment of Service (Divorce), and
- Affidavit Proving Signature (Divorce)
at a family law registry prior to the hearing date.
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